Section 66 (1)(b) of Factories Act unconstitutional: Madras High Court

Women Workers in Textile Industries

Section 66 (1)(b) of the Factories Act prohibits employment of women in factories between 7 pm and 6 am. V Rajeswari, a worker of Viswabharathi Textiles Ltd, Vadamurai, filed a petition in the High Court challenging the constitutional validity of such a provision which not only infringes into the freedom of women to work but also discriminates the interests of women folk in the liberalised scenario of globalisation.

A single Judge of the Madras High Court held Section 66 (1)(b) to be unconstitutional in 2002, the decision was challenged by Tamilnadu Labour Department and the Chief Inspector of Factories. In their appeal, the departments argued that such a provision was provided for in the Factories Act considering the safety, security and lack of transport facilities during night hours.

A Division Bench, comprising Justices C. Nagappan and M.M. Sundresh, has now delivered the judgment while dismissing an appeal by the Tamil Nadu Labour Department and the Chief Inspector of Factories upholding the single Judge’s Order of 2002.

While there are provisions under the Act to seek exemption for late night working, it not easy to obtain exemption from the Factories Department since they come with many a riders. A few of them require that women should only work in groups and in close proximity, special security arrangements to be provided, transportation arrangement to be given where a female employee should not be the last one to be dropped. While these requirements have the larger interest of women in consideration, the employers would always think of a cheaper and safer mode of labour; men.